Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 33 contracts
Samples: Merger Agreement (Powerschool Holdings, Inc.), Merger Agreement (Perficient Inc), Agreement and Plan of Merger (Everbridge, Inc.)
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or Group for any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 14 contracts
Samples: Agreement and Plan of Merger (Squarespace, Inc.), Merger Agreement (Rover Group, Inc.), Merger Agreement (EngageSmart, Inc.)
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.8 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 11 contracts
Samples: Merger Agreement (Haynes International Inc), Merger Agreement (Haynes International Inc), Merger Agreement (Poshmark, Inc.)
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.9 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 6 contracts
Samples: Merger Agreement (Transphorm, Inc.), Merger Agreement (CVS HEALTH Corp), Merger Agreement (Oak Street Health, Inc.)
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or Group for any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.9 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 5 contracts
Samples: Merger Agreement (R1 RCM Inc. /DE), Merger Agreement (R1 RCM Inc. /DE), Merger Agreement (Augmedix, Inc.)
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.9 is not prior to or in substitution for for, but in addition to, any such claims pursuant to such policies or agreements.
Appears in 3 contracts
Samples: Merger Agreement (Fuller Max L), Merger Agreement (Knight-Swift Transportation Holdings Inc.), Merger Agreement (Us Xpress Enterprises Inc)
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the any Company or Group Member for any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 3 contracts
Samples: Merger Agreement, Merger Agreement (STAMPS.COM Inc), Merger Agreement (Instructure Inc)
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy policy, indemnification agreement, certificate of incorporation, bylaws or indemnification agreement similar organizational document that is or has been in existence with respect to the Company or Group for any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 3 contracts
Samples: Merger Agreement (Innophos Holdings, Inc.), Merger Agreement (Monotype Imaging Holdings Inc.), Merger Agreement (Nutraceutical International Corp)
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or Group for any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 8.8 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Revance Therapeutics, Inc.), Merger Agreement (Revance Therapeutics, Inc.)
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.10 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 2 contracts
Samples: Merger Agreement (Diversey Holdings, Ltd.), Merger Agreement (Natus Medical Inc)
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.11 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 2 contracts
Samples: Merger Agreement (Electronics for Imaging Inc), Merger Agreement (Travelport Worldwide LTD)
Other Claims. Nothing in this Agreement is intended to, or will shall be construed to, release, waive or impair any rights to directors’ and officers’ insurance coverage or claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.8 is not prior to or in substitution for any such coverage or claims pursuant to such policies or agreements.
Appears in 2 contracts
Samples: Merger Agreement (Nokia Corp), Merger Agreement (Infinera Corp)
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or Group for any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.10 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 1 contract
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.9 is not prior to or in substitution for any such claims pursuant to such policies or agreementsindemnification agreement.
Appears in 1 contract
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement disclosed to Parent that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.9 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 1 contract
Other Claims. Nothing in this Agreement is intended to, or will shall be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.6 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 1 contract
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or for any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 1 contract
Samples: Merger Agreement (Ellie Mae Inc)
Other Claims. Nothing in this Agreement is intended to, or will shall be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.8 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 1 contract
Samples: Merger Agreement (Atlas Technical Consultants, Inc.)
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or Group for any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.8 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 1 contract
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 7.9 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 1 contract
Samples: Merger Agreement (Rocket Fuel Inc.)
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the any Company or Group Member for any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.9 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 1 contract
Other Claims. Nothing in this Agreement is intended to, or will shall be construed to, to or shall release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to under any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.8 is not prior to or in substitution for any such claims pursuant to under such policies or agreementspolicies.
Appears in 1 contract
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ ' and officers’ ' insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 1 contract
Samples: Merger Agreement (Marketo, Inc.)
Other Claims. Nothing in this Agreement is intended to, or will shall be construed to, release, waive or impair any rights to directors’, managers’, members’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, managers, members, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.6 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 1 contract
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers directors or other employeesofficers, it being understood and agreed that the indemnification provided for in this Section 6.10 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 1 contract
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or Group for any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 7.7 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 1 contract
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or any of its Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.7 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 1 contract
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement as set forth in Section 3.9(a)(ix) of the Company Disclosure Letter that is or has been in existence with respect to the Company or any of its the Company Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.9 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 1 contract
Samples: Merger Agreement (Globalscape Inc)
Other Claims. Nothing in this Agreement is intended to, or will be construed to, release, waive or impair any rights to directors’ and officers’ insurance claims pursuant to any applicable insurance policy or indemnification agreement that is or has been in existence with respect to the Company or any of its the Company Subsidiaries for any of their respective directors, officers or other employees, it being understood and agreed that the indemnification provided for in this Section 6.10 6.9 is not prior to or in substitution for any such claims pursuant to such policies or agreements.
Appears in 1 contract
Samples: Merger Agreement (Echelon Corp)
